Jonathan Eshkeri from E&G solicitors in Spain explains the golden rules about buying property in Spain and the potential pitfalls.

The Role of the Estate Agent

Estate agents introduce purchases to sellers and if you see a property that you want to buy, you should go on to seek independent legal advice before you agree on a price, as there are a number of potential hurdles for non-Spanish speakers or those who are unaware of local customs and laws.

The Role of the Lawyer

An independent lawyer can help to represent you when you buy property in Spain. 

While an estate agent may tell you that you do not need the services of a Spanish property lawyer, there are a number of reasons why it’s important. If you are a non-Spanish national, you may struggle with the necessary linguistic skills as well as an understanding of Spanish business culture and practices.

Ultimately, if you were buying a property in the UK, you would instruct a solicitor. You should do the same in Spain.

The Total Cost

You want to clarify the total cost of buying property in Spain.

The common costs include;

• purchase tax
• notaries fees
• property registry fee 
• and any legal fees paid to your lawyer

There may also be other miscellaneous expenses for which your lawyer will be able to advise you. 

It’s important that you don’t listen solely to the estate agent in this case, because they may just be acting on behalf of the seller.

Be Sure You Can Afford It

If you are reliant on a third party to fund your property purchase through a mortgage, then it’s important you don’t agree on the purchase until you are certain that your funding is secure.

When and What To Pay

Your lawyer can make all of the necessary enquiries relating to the property on your behalf and you can delay any negotiation on price until you have received the results of all enquiries.

A surveyor can also help you with your property purchase. 

They should have the required experience and knowledge to make sure you’re less likely to miss anything that may be structural. They prepare a report and identify any problems such as cracks or walls that aren’t straight – basically anything that may cause you a financial headache further down the line. 

It’s common to buy a property in a development in Spain with shared areas such as gardens, pools and parks. Double check your property is not likely to have a service charge that is raised to compensate other owners.

Annual expenses can also be hidden. 

Fees can include service charges, property tax, non-resident income tax, wealth tax as well as utility bills such as electricity, water and gas. 

You should be fully aware of these before you commit to your purchase.

However, the truth of the matter is that divorce law is only a small segment of family law.

Family law is best described as any area of the law that has to deal with anything pertaining to families. The vast majorities of these issues can be attributed to or directly related to divorce, but that is not always the case.

What does a family law attorney do?

Attorneys that practice family law can assist and represent clients in court proceedings, help them negotiate terms that are best for their situation, and can also create important legal documents such as petitions to the court or perhaps even agreements for a piece of property.

More specialized family law attorneys may handle issues pertaining to paternity, emancipation. or even adoption.

Family law matters have a tendency to get close to home and, as such, it is crucial to get assistance from a legal professional that is experienced. This is important as it ensures that you are being properly represented and protected at all times during the legal process.

To find out how a family lawyer can help you, get in touch with Wilson Nesbitt Solicitors

Why do I need a family law lawyer?

It is crucial to remember that family law oftentimes overlaps into several other areas of law.

As an example, cases that involve instances of child abuse or domestic violence will typically require a criminal investigation while the family courts are granted the task of determining the best method of protecting all who are involved.

Not only that, but they will be responsible for ensuring that a safe environment is created and maintained for all involved within the case.

Regardless of whether you are in the middle of getting divorced, are looking to adopt a child, or have questions pertaining to the collection of child support, it can be helpful to speak with a family law attorney.

Articles of association are written rules that shareholders, directors and company secretaries of a business agree on.

Articles of association create a contract between a company and its shareholders. This defines how the company will be run.

Tak Matsuda from crestlegal.com explains that articles of association (or “articles”) are divided into a number of points in a single document including:

• limited liability of shareholders.
• number of directors, roles and responsibilities and how decisions will be made.
• shares and dividends – payments of dividends, rights attaching to particular shares and any issues of transfers of shares.
• decision making options available to shareholders. 

What other documents do you need?

It’s important to note that articles of association are not the only documents required when setting up a company. A memorandum of association is the other important document and cannot be changed once the company is incorporated.

When setting up your company you need a memorandum of association which is a legal statement signed by all shareholders who agreed to own the company.

This defines what the company is about, including the name, date of incorporation and whether the company is limited by shares or by guarantee as well as all relevant names and signatures of those involved.

What can be amended?

Unlike a memorandum of association, “articles” can be amended if the directors hold a board meeting or general meeting to create a special resolution. Usually, the resolution needs 75% of a vote share in order for the proposed changes to go ahead.

Changes may include the way the company is administered or because a new regulation has come into place.

All changes should be sent to Companies House within 15 days.

All articles of association should be kept as public documents with Companies House.

Because the Articles of Association are public, you may wish to have a private shareholders agreement that details roles, rights and obligations of shareholders.

This may help resolve any future disputes and ensure a smooth running of the business.
Find out more about articles of association for limited companies at gov.uk

The following are some of the common ways that Brexit may affected families.

1. Visa or Work Permits

If you will be visiting the EU, Switzerland, Iceland, or Liechtenstein, you might be denied entry if you do not have the correct visa or work permit. Other countries might require you to show a return or onward ticket and proof that you have enough money for your stay.

If you are a tourist, you do not need a visa as long as your stay will not be longer than 90 days.

2. Free Emergency Medical Treatment

Ensure that you have one of the following documents to receive free emergency treatment to avoid getting charged:

• European Health Insurance Card (EHIC)
• UK Global Health Insurance Card (GHIC)
• Travel Insurance with Health Cover

Important Note: Your EHIC will still be valid while it remains in date.

You can apply for a UK EHIC if you are a UK student studying in the EU, a British State Pensioner who live in the EU with their families, or an EU national currently in the UK. You can use the new UK EHIC in the EU, Norway, Iceland, Liechtenstein, and Switzerland if you are

3. Living in the EU and Other Countries

Under the Withdrawal Agreement, British citizens have the same rights as EU member residents until the transition period is over, which ended on the 31^st of December 2020. Since the Withdrawal Agreement has ended, the benefits you receive might be affected if you move to countries in the EU, Switzerland, Norway, Iceland, or Liechtenstein. This will take effect if you move on or after the first of January 2021.

Advising large corporate clients is also among their responsibilities, often drafting contracts for, par example, the construction of a new building. One of the benefits of having a business solicitor is that their help not only saves time but also prevents any problems that might arise.

In theory, anyone can start a business without a solicitor. However, legal advice can make or break any of the entrepreneur’s endeavors.

The help of a business solicitor comes in handy when it comes to having all paperwork done and, in the case of limited companies, protect the shareholder’s interests at all costs. They make sure their obligations and rights are clear, pondering about things that might have slipped under their radars.

Like this, solicitors prepare the company for when either of the parties wants to sell their shares.

Also, this proves to be a key factor when solving a conflict between shareholders.

Partnerships and construction contracts are not their sole gimmick. They can also help to draft employment contracts, as well as between suppliers and customers. Business solicitors are also said to be useful in intellectual property matters and patents. Another great thing about them is the assistance they can provide in those situations where the company is the victim of legal action. How, one might ask? Simple: They can represent their client’s business.

Now, what does one need to look for in a solicitor? First of all, the client needs to make sure that they’re a specialist in the field that adjusts to their requirements the most.

One can choose among the many law networks that are available in the market. Some of them offer a free initial consultation. The experts at UK Business Information recommend checking estimated legal costs for these services.

Pick a Good Time

As an article in the BBC notes, there are some times that it’s better to ask for a raise than others.

If company is going through layoffs, then this is probably not the best time. Asking for a raise after a successful project or after a successful evaluation is going to be much more effective.

Make Your Case

Asking for a rise isn’t always going to be effective but you have a much greater likelihood of success if you come armed with data. Do your research ahead of time. Maybe you’ve got a variety of accomplishments and skills that haven’t been compensated fairly.

You can also look at the average pay in your field and see where you fall in this area. If you’re not underpaid, then you’ll have a harder case to make. However, by doing work ahead of time, you’ll be in a much better place to bargain for a raise.

Consider Alternate Expectations

While your employer may want to give you a raise, he or she may not always have the ability to provide additional cash compensation. However, they may be able to improve your working life in ways that are non-monetary. Consider if you want to streamline your position and take on new challenges or even give up some responsibilities. Other benefits could include increased pension payments, travel allowances, a company car, and other perks.

These are a few options to get a pay raise but don’t be discouraged if you don’t get a raise. There are many other options to be promoted so keep your options open as you move forward with your career.

The market is always in rhythmical motion that depends on a large number of factors, including but not limited to:

• mortgage product offerings;
• the supply of new-build housing in the area;
• seasonal patterns around school schedules and holidays; and
• economic confidence giving rise to more home movers.

The possibility of a no-deal Brexit will be a major factor at play in the fortunes of the market for a considerable time to come. It is important to understand where the market is currently at if we were to consider the impact of a no-deal Brexit.

The property market in Northern Ireland been driven by first-time buyers for a time now, specifically to those who have an appetite for new build properties.

On the other hand, long chains of sales and purchases are currently not observed—especially during this COVID-19 pandemic—as opposed to that of a typical prior to and during the property boom which leads to home movers not having sufficient confidence in property values and the economy. The main concern now is how the supply of new houses will likely be affected.

There is no doubting that there will be a great deal of hesitancy to commit to new large scale developments while a no-deal Brexit is a genuine possibility if builders and developers were cautious at the prospect of Brexit with a deal. Needless to say, the economic outlook has been deteriorating and is likely to continue to do so following Brexit.

The Construction Employers Federation (CEF) reported that 28% of firms already made redundancies while another 48% are considering to do the same in the next months to come. The property market is currently facing the most challenging conditions since 2012.

The supply of new houses will certainly decrease which then will lead to a decrease in sale transactions. A property’s value, on its own, will never be an indicator of a healthy market. This means the lack of supply may definitely cause an increase in house prices because potential buyers will be competing for a lower volume of stock.

First-time buyer demand is constant. Affordability is an issue which will leave thousands of purchasers facing the familiar hurdle of coming up with a deposit or a downpayment for a house purchase. During this time, regardless if you are buying a residential property in Northern Ireland or selling or remortgaging your home, you should require a property conveyancing solicitor to handle the legal process. Wilson Nesbitt Property Conveyancing should be able to help you out.

Housing supply and buyer affordability will as such be the key issues. The effect Brexit (with or without a deal) has on housing supply and buyer affordability is still very much speculation. Whatever happens on 31 October, the Northern Ireland property market will surely find its gear and pick itself up, just as it has in numerous difficult times.

Health and safety of the employees

Employers should prioritise the health and safety of their employees in the workplace. They must also identify which steps to make in order to protect their employees, especially now that the impact of COVID-19 has been unprecedented as the research on how to limit the spread and the treatment for those infected is still developing.

In line with the Health and Safety at Work etc Act 1974, employers must conduct a suitable and sufficient risk assessment for all the work activities carried out by their employees (including homeworkers) to identify hazards and assess the degree of risk. Once identified, the employer must carry out the assessment and take precautionary measures before the return of the employees.

Employers should also do the following:

• Provide specific information about the health and safety risks and precautionary measures to their employees (note that the employers are legally required to do this).
• Reassure and communicate with their employees (eg, by setting up employee-led committees or forums to discuss measures to be taken).
• Provide a point of contact for employees to discuss any concerns.
• Create a safe system of work for their staff and/or representatives (including trade unions) that will provide significant assistance to the returning staff.

Generally, managing ongoing health and safety risks includes the following:

1. Ensure that desks and workstations are not facing each other and at least two metres apart.
2. End hot desk arrangements to avoid staff-sharing equipment.
3. Limit the number of people who are in the office. For example, splitting a team in two and requiring each team to attend the office on alternate weeks or swap mid-week.
4. Provide face masks for the employees, follow the Government guidance about the proper wearing of face masks.
5. Use floor markings to mark two metres in areas that employees can use.
6. Allow employees who travel in on public transport to have a more flexible schedule to avoid rush hour.
7. Restrict employees from attending non-essential meetings or work social events.
8. Provide an area for employees if they are presenting with coronavirus symptoms at work.
9. Provide access to handwash and hand sanitiser. Remind employees of the recommended hygiene measures.
10. Close any common areas temporarily where social distancing will be difficult to achieve.
11. Increase deep cleaning of the office specifically to the surfaces that are regularly touched (eg door handles, taps, doors, and light switches).

Employees’ mental health should also be protected. This means that managers should know how to assist and when to escalate employee or work-related concerns. During this time, it is important to highlight the company’s Employee Assistance Programme (if available) and to keep in touch with employees, especially those who need to remain at home.

The new laws in the UK made it easier for tenants to file a complaint against their landlord. Here are the things that the tenants need to know (note that this applies to tenants living in England only):

• If your tenancy agreement was signed before 20 March 2019, and you felt that your landlord failed to provide you with a safe and healthy living environment, then you can use Homes Act 2018 to sue your him/her.
• As of March 2020, everyone that has a secure tenancy agreement or statutory tenancy can use Homes Act 2018 (this is regardless of when their tenancy began).
• Tenants can sue landlords over a variety of issues, some examples are:
  • The house is already cold and damp.
  • The landlord failed to carry out necessary repairs or maintenance.
  • Mould growth.

Under the Landlord and Tenant Act 1985, the responsibility of investigating living conditions was given to the local authorities which cause the local councils to suffer from budget cuts and staffing issues. This is the reason why some landlords are free to skimp the cost of repair and maintenance of their house, leaving tenants to deal with the consequences.

Under Homes (Fitness for Human Habitation) Act 2018, the landlord must be accountable for the houses that they are renting out. They need to make sure that the property is fit to live in, they have to maintain:

• ventilation;
• damp;
• cold; and
• other issues that go beyond just repair.

Reasons to sue your landlord

These are some common areas that the landlords must pay attention to:

• Unstable or bad building condition.
• The spread of damp and mould.
• Unhygienic cooking area.
• Serious plumbing issues.
• Excessive cold or heat.
• Exposure to asbestos, carbon monoxide or other chemicals.
• Radiation from gas or leaking appliances.
• Security issues.
• Hazardous bath or shower conditions
• Electric and fire hazards.
• Deposit protection.

Read more about Getting your deposit back from your landlord in the UK for more details.

Following the announcement from the Prime Minister, a spokesperson said that homebuyers and renters should delay moving to a new house while emergency measures are in place. If moving is really unavoidable because of reasons such as parties unable to reach an agreement to delay, people must still observe social distancing. People should follow medical advice and not move house for the time being specifically, those who are symptomatic, observing self-isolation, or shielding from the virus.

If you’re representing someone who has exchanged contracts, has a nearing completion date, and all parties involved are able to proceed, there’s currently nothing to prevent you from doing so as it may be very difficult given the position with removal firms. This is subject to following recent guidelines in respect of public health:

If moving is necessary or if it really needs to push through, involved parties should see to it they follow the guidance on social distancing and hygiene from Public Health England.

• properties whose occupants do not have cases, or suspected cases of, COVID-19;
• occupants not in isolation; and
• all parties following strict social distancing requirements.

During emergency or hardship cases, you will be able to move. You must be able to do this safely as the UK government has stipulated. All individuals involved during the move should be maintaining social distancing requirements. The property into which you are moving should also be safely vacated or empty.

There are legal obstacles to overcome due to restrictions at the Registers of Scotland where the deeds transferring ownership are registered even then. To proceed, the following criteria must be met:

• prior registration of advance notice with the Registers of Scotland;
• agreement to proceed from your lender; and
• an available agent from the other end of the transaction to complete.

Your home is not yet on the market

It may be more challenging than usual to list out your home onto the market during these times.

You can make use of this time to start gathering all the data you need to provide potential purchasers with⁠—if in case you’re thinking about selling your property.

The general advisory for people to stay at home and avoid others means that you should not be inviting unnecessary visitors. These includes:

• property agents carrying out a market appraisal;
• property agents taking photographs to market your property; and
• Energy Performance Certificate assessors.

If needed, reach out to estate agents via mobile or e-mail. Their general advice about the property and the market can also be dealt with remotely. Remember, though, that they cannot start marketing initiatives actively given the current situation.